Mobile Homes Act 1983 (c. 34)

SCHEDULES

SCHEDULE 1 E+W+S Agreements Under Act

Part I E+W+S Terms Implied by Act

[F1 CHAPTER 2 E+W+S Agreements relating to pitches F2 ... except pitches F3 ... on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

F1 Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 1 para. 2 (with art. 1(3))

F2 Words in Sch. 1 Pt. I Ch. 2 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F3 Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))

Sale of mobile home E+W+S

F4 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F4 Sch. 1 Pt. I Ch. 2 para. 8 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(d) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

8 [F5 (A1) This paragraph applies to an agreement which relates to a pitch other than a pitch on— S

(a) a local authority gypsy and traveller site; or

(b) a registered social landlord gypsy and traveller site.]

(1) The occupier shall [F6 , subject to sub-paragraph (2A),] be entitled to sell the mobile home, and to assign the agreement F7 ....

[F8 (1A) The occupier is entitled to—

(a) market the occupier’s mobile home using the services of an agent; and

(b) display appropriate marking signs in, or on, the mobile home for these purposes.

(1B) The owner must allow any agent appointed by the occupier such reasonable access to the pitch as may be required for the purposes of—

(a) preparing a valuation of the mobile home and

(b) preparing or displaying marketing particulars.

(1C) Where the occupier intends to sell the mobile home and assign the agreement as mentioned in sub-paragraph (1), the occupier must, no later than 28 days before the date of the sale of the mobile home and assignation of the agreement, provide the purchaser with—

(a) a copy of the agreement;

(b) a copy of any site rules for the protected site on which the mobile home is stationed; and

(c) a forwarding address for the occupier.

(1D) But if the purchaser consents in writing to the documents and address being provided by a date (“the agreed date”) which is less than 28 days before the date of the sale and assignation of the agreement, the occupier must provide the documents and address to the purchaser no later than the agreed date.]

(2) Where the occupier sells the mobile home, and assigns the agreement, as mentioned in subparagraph (1) above, the owner shall be entitled to receive a commission on the sale at a rate not exceeding such rate as may be specified by an order made by [F9 Scottish Ministers].

[F10 (2A) Neither the sale nor the assignation are to have any effect until the owner has received the commission mentioned in sub-paragraph (2).

(2B) Except to the extent mentioned in sub-paragraph (2), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home, and the assignation of the agreement.]

(3) An order under this paragraph—

(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) may make different provision for different areas or for sales at different prices.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F5 Sch. 1 Pt. I para. 8(A1) inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(6)(a) (with art. 1(2)(3), 4)

F6 Words in Sch. 1 Pt. I para. 8(1) inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(6)(b)(i) (with art. 1(2)(3), 4)

F7 Words in Sch. 1 Pt. I para. 8(1) omitted (S.) (1.9.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(6)(b)(ii) (with art. 1(2)(3), 4)

F8 Sch. 1 Pt. I para. 8(1A)-(1D) substituted for Sch. 1 Pt. I para. 8(1A)-(1I) (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(6)(c) (with art. 1(2)(3), 4)

F9 Words in Sch. 1 Pt. 1 para. 8(2) substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(3)(b), 195(3) (with ss. 169(5), 193); S.S.I. 2007/270, art. 3

F10 Sch. 1 Pt. I paras. 8(2A)(2B) inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(6)(d) (with art. 1(2)(3), 4)